Digital Services Act: Don’t compromise on the protection of fundamental rights

As the final stage of the trialogue negotiations on the Digital Services Act (DSA) is approaching, ECNL, as part of the DSA Human Rights Alliance, is calling for the Act to truly comply with international human rights standards.

We have been working with the Alliance to call for rights protections in the DSA since 2021, because the DSA will influence how online platforms operate and affect civic space far beyond the EU.

We now welcome the proposal of the European Parliament to include Article 26 para 2a (see Amendment 300), which calls for:

• mandatory risk assessments for very large online platforms (VLOPs); and
• inclusion of relevant groups and civil society organisations (although with the caveat “where appropriate”).

We also welcome, inter alia:

• the preservation of the existing conditional liability model for intermediaries;
•  the addition of a language- and region-specific risk assessment;
• the detailed transparency obligations for VLOPs on the number of moderators and the use of automated tools for content moderation for each language;
• the obligation to deploy adequate due diligence measures to address the ongoing crisis and national emergencies, including war conflicts.

At the same time, there are several outstanding issues that still cause further concerns.

Read the joint statement of the DSA Human Rights Alliance here.